Article 38
(Amended and supplemented, SG No. 28/1982, amended, SG No. 153/1998)
(1) The punishment life imprisonment without a chance of commuting, provided in the
Special Part hereof for a certain kind of crime, shall be imposed only if the specific crime
committed was extremely grave and the purposes set forth in Article 36 hereof could not be
attained by any milder punishment.
(2) Life imprisonment without a chance of commuting shall not be inflictable on any
person who had not, at the time of committing the crime, turned twenty years of age, and with
respect to servicemen, as well as in wartime - eighteen years of age. Life imprisonment without a
chance of commuting shall not be inflictable also on a female, who was in the state of pregnancy
at the time of perpetration of the crime or of pronouncement of the sentence.
Article 38a
(New, SG No. 50/1995)
(1) Imprisonment for life shall be compulsory isolation of a convict for the remaining
portion of the convict's life at penitentiary institutions for serving punishment by imprisonment.
(2) Life imprisonment shall be inflicted where the crime committed is extremely grave.
(3) Imprisonment for life may be substituted for imprisonment for a term of thirty years,
provided the convict has served no less than twenty years.
(4) Work days shall not be counted during the serving of punishment by Imprisonment for
life.
(5) The served punishment by life imprisonment shall be recognised as imprisonment.
Article 39
(1) (Amended, SG No. 28/1982, SG No. 89/1986) Imprisonment may be from three
months to twenty years.
(2) (Supplemented, SG No. 95/1975, SG No. 28/1982, repealed, renumbered from
Paragraph 3, amended, SG No. 89/1986, supplemented, SG No. 50/1995, amended, SG No.
153/1998) By way of exception, the punishment by imprisonment may be inflicted for a term of
thirty years in the event of substitution of life imprisonment in case of multiple crimes as per
Articles 24 and 27, paragraph (1) hereof, as well as for certain particularly grave intentional
crimes in the cases specially stipulated for in the Special Part hereof.
Article 40
(1) (Amended, SG No. 28/1982, SG No. 75/2006, SG No. 32/2016) The punishment by
imprisonment shall be served in prisons, as well as in correctional establishments and the prison
hostels attached to them.
(2) (Amended, SG No. 89/1986, repealed, SG No. 92/2002).
(3) Special care shall be taken of the young people of full age.
(4) (Supplemented, SG No. 75/2006) With respect to convicts with grave psychopath, or
those suffering from mental derangement which does not exclude penal responsibility, as well as
with respect to convicts dependent on narcotic substances, medical care shall be provided as
appropriate.
Article 41